Surya Kant on Friday recused himself from hearing a batch of petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, citing a potential conflict of interest. At the outset of the hearing, he stated that his presence on the bench could raise concerns, making it appropriate for him to step aside.
The bench, which also included Justices Joymalya Bagchi and Vipul M Pancholi, was examining petitions that question the changes made to the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
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The 2023 law removed the Chief Justice of India from the selection panel, replacing the earlier arrangement suggested by a Constitution Bench in March 2023. That ruling had mandated a panel comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the CJI until Parliament enacted a law. However, the new legislation provides for a committee consisting of the Prime Minister, a Union Minister nominated by the PM, and the Leader of Opposition.
Petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms, argue that this change undermines the independence of the Election Commission.
Senior advocate Prashant Bhushan supported the CJI’s decision to recuse, suggesting that the matter be heard by a bench without any judge in line to become the Chief Justice, to avoid any perception of bias.
The court directed that the matter be listed before a different bench on April 7. Meanwhile, the Centre has defended the law, maintaining that the Election Commission’s independence is not dependent on the presence of a judicial member in the selection panel. The issue remains significant, given its implications for electoral integrity and institutional independence in India.
